Tax relief is a by-product the law went into effect July 20, banning abortions after about six weeks of pregnancy. Georgia House Bill 481 was originally approved in 2019 but was ruled unconstitutional based on the protections afforded Roe v. Wade. Once so old precedent was overturned in June, a federal appeals court cleared the way for Georgia’s abortion ban to become law. The court also agreed that “personhood” could be redefined to include fetuses.
The concept of incorporating personality into anti-abortion politics is not new. Among the states that consider embryos to be distinct human beings are Alabama, Arizona, Georgia, Kansas and Missouri. Associated Press reported Other states, including Colorado, Mississippi, and North Dakota, have tried to follow suit, but proposed legislation has so far failed, according to the AP.
Georgia’s individuality provision is currently the highest. It not only gives tax benefits to the fetus, but also require them to be included in some population counts. It also awards child support to the “father of the unborn child,” which covers “the mother’s direct medical and pregnancy expenses.”
However, given the prevalence of miscarriages and stillbirths, some have wondered what the consequences might be the new tax policy could mean for those experiencing pregnancy. Anthony Michael Kreis, a law professor at Georgia State University, speculated Twitter that the public treasury can “hand out a lot of money for a pregnancy that will never end.”
Lauren Groh-Wargo, campaign manager for Georgia Democratic gubernatorial candidate Stacey Abrams, questioned whether a pregnancy loss could prompt an investigation. “So what happens when you claim your fetus is addicted and later in the pregnancy you miscarry, you’re being investigated for both tax fraud and illegal abortion?” she tweeted.
Neither the bill nor the guidance provided by the Georgia Department of Revenue addresses what would happen in the event of a miscarriage.
The law also creates other gray areas. For example, what are the implications for couples using a surrogate? And in the case of sperm donors or cases of unclear paternity, who would be responsible for child support?
The Washington Post has reached out to the Georgia Department of Revenue for clarification. The department’s guidance states that additional information will be released later this year, “including return instructions to allow the personal exemption for an unborn child whose heartbeat is detected.”
Georgia’s ban prohibits most abortions after about six weeks of pregnancy, usually when doctors can begin to detect heart activity. Exceptions include pregnancies resulting from rape and incest, if a police report is filed, and pregnancies that result in the woman’s death or serious injury, but not harm based on a “diagnosis or declaration of a mental or emotional condition.” In addition, the law does not prohibit the termination of nonviable pregnancies, ectopic pregnancies, or spontaneous abortions, commonly known as miscarriages.
Georgia law highlights the vast disparities between states and the dizzying lack of consensus when it comes to personhood.
in missouri abortion is prohibited – except in cases of danger to life – on the basis of the “right to life of the unborn child”. At the same time a divorce cannot be completed if one of the spouses is pregnant. The reason: Under state divorce law, fetuses are not considered human beings, so there can be no “court order dictating visitation and child support for a non-existent child.” Riverfront Times reported
Last month, a case in Texas made headlines after a a pregnant woman was pulled over for driving alone in a busy lane. When officers asked where the other passenger was, Brandy Bottone said her baby was considered a passenger, given the rollover. Roe and state abortion policies.
“The laws don’t speak the same language, and it’s been a little confusing, frankly,” she told The Post.